Hafed v. Fed'l. Bureau of Prisons, No. 09-1090

By FindLaw Staff on December 29, 2010 3:33 PM

Motion to Appear IFP Granted

In Hafed v. Fed'l. Bureau of Prisons, No. 09-1090, a prisoner's appeal from the dismissal of his action for failure to appear for a deposition, the court granted plaintiff's motion to appear in forma pauperis where a prisoner must have alleged an imminent danger at the time he filed his complaint under the in forma pauperis statute.

As the court wrote: "Appellant Shaaban Shaaban Hafed is a federal prisoner appearing in this court pro se, and seeking to proceed in forma pauperis (ifp). These appeals present us with the opportunity to clarify what counts as a "strike" under the Prison Litigation Reform Act (PLRA) for purposes of future ifp eligibility, and when, in the sequence of litigation, that the strike can be counted. In Jennings, we addressed dismissals under 28 U.S.C. § 1915(e)(2)(B), but did not decide whether a district court's dismissal subsequent to screening under 28 U.S.C. § 1915A should count as a strike."

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